Francis Murithi Rutere (suing as administrator of the estate of M'rutere M'munyage alias Rutere Munyungi) v Julius Mutwiri Njuki & Phianeas Mutwiri [2017] KEHC 4914 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

HCCC.  SUIT NO. 61  OF 2016 FORMERLY NO. 126 B OF 2009

FRANCIS MURITHI RUTERE (Suing as administrator of the estate of

M'RUTERE M'MUNYAGE  alias RUTERE MUNYUNGI..................PLAINTIFF

VERSUS

JULIUS  MUTWIRI NJUKI....................................................1ST DEFENDANT

PHIANEAS MUTWIRI...........................................................2ND DEFENDANT

R U L I N G

I find that  the Court's record indicate that today's date was taken as a date for hearing. It appears that  defence side has not been vigilant in ensuring that the case is concluded.  The  records indicate that on 13. 05. 16, the Court  had noted that defence had   taken a whole year to comply with order 11. Since they had not  done so they were given a further  30 days to comply, Plaintiff getting  the permission to have the matter  fixed for hearing at the registry.  The registry did not give Plaintiff a date for hearing so on 05. 12. 16 matter was again mentioned in Court Muthama was  present h/b for Mbaya for Defendant. Again Defendant prayed for time to comply . They were  given 30 days. Plaintiff  was again given permission to set  the suit down for hearing . Plaintiff took today's date.

Today, Mr. Mbaya appeared before the Court in the morning and he indicated that the matter was not for hearing and that it was coming up for an application to consolidate suits.  This Court had however informed Mr. Mbaya  that the matter  was coming up for hearing of the main suit  what is opponent is that Defendant were present when their counsel was addressing the Court . They never informed the Court that the said Counsel, Mr. Mbaya was having differences with them. I find that this is an opportunity to obtain an adjournment. I disallow the same. I direct the matter to proceed to hearing . However  the Court will not take defendants testimony today. Defendants will  be given an opportunity to prepare for their  side of the case. Reference is made to Section 1A (3) and Section 1B of the Civil Procedure  Act and  article 159 and 50 of the Constitution.

Delivered in open Court at Meru this 20th  day of February, 2017 in the presence of:

CA: Mungai /Kananu

Carpeters Mbabu for the Plaintiff

Francis Murithi Rutere -Defendant

L.N. MBUGUA

JUDGE